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AUSTIN POWER, INC. v. SECRETARY OF LABOR, MINE SAFETY ETC.

No. 88-4051.

861 F.2d 99 (1988)

AUSTIN POWER, INC., Petitioner, v. SECRETARY OF LABOR, Mine Safety and Health Administration (MSHA) and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 29, 1988.

Attorney(s) appearing for the Case

Steven R. McCown, Jennifer A. Youpa, Jenkens & Gilchrist, Dallas, Tex., for petitioner.

L. Joseph Ferrare, Sol., Federal Mine Safety & Health Review Com'n, Washington, D.C., Vicki J. Shteir-Dunn, U.S. Dept. of Labor, Arlington, Va., for respondents.

Before CLARK, Chief Judge, BROWN, and JOLLY, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 29, 1988.

CLARK, Chief Judge:

Austin Power, Inc. appeals the decision of the Federal Mine Safety and Health Review Commission (Commission) which affirmed an administrative ruling that Austin Power, Inc. had violated the mandatory safety standard established in 30 C.F.R. § 77.1710(g). Finding that the decision is supported by substantial evidence on the record as a whole, we affirm.

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